California workers comp settlement rate, does anyone know how much I might receive or what I should ask for? ?
I had an injury in 2005 and a surgery in 2006, and have been considered permanently disabled and stationary since 2007. I’ve meet with a few Dr.’s to get second opinions and they’ve all come back with the same conclusion that there’s nothing else they can do. I’m considered to have an 11% whole person impairment. The injury was to my knee and they want to have a settlement. I know the smart thing to do would be to get a lawyer and I will if it comes to that but I was just curious if anyone could tell me what I should be expecting from them, or what I should request. I’m not hoping to hit the “jackpot”, I just want something reasonable. Anyone have any idea what I can expect to hear from them and have any suggestions? Is there a general way they figure out settlements?
Thank you in advance!
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Settlement is on future medical bills – at 11% disability, you’re most likely going to get retrained for a different job. Disability – future lost wages – would be heavily dependent on how old you are, and what you used to do – but that injury was four years ago, so likely, you’re looking at 11% of lost wages (difference between what you’re capable of earning now, in a new job, and what you used to earn) for one year. And a NEW job, a desk job, might actually earn you more.
You don’t get pain and suffering with workers comp.
Depends on what you want to do with the claim. Since your permanently disabled you need to ask the adjuster if you qualify for vocational rehab. If you are qualified for it than you’ll go to school for about 6-48 months. If you go to school you’ll get paid while your off work.
However if you don’t want to go to school you can settle your indemnity portion of the claim from anywhere between $10,000-$15,000. This amount is tax free.
As for your 11% I’m not sure what the rate is in CA but I think you might be getting around $10,000-$30,000 for your whole person impairment.
So when you are looking at this you might get about close to $50,000 in PPD and settlement. If you want to go to VR than your settlement will go down in value.
Also keep in mind that the adjuster might review the file and if your a low wage earner than they might not consider settlement at all. The only money you might get would be the 11% value.